VOL. XIll.]
SUI'REHME COURT OF CANADA.
ants did not make prompt claim upon the plaintiffs V. for the alleged deficiency, I do not think it would be . reasonable to hold the plaintiffs to be bound by the CANDs ex parte weighing of the defendants, upon the evidence -- G wynne J. given in the case, or to recognise a claim so tardily made by the defendants.
Sir W. J. C.J.-This was a motion made in chambers for an order allowing an appeal to this court from the judgment of the Court of Appeal for Ontario, or for an order that the appellant may be at liberty to give proper security.
I have been a good deal embarrassed as to what should be done in this case.
It is claimed that in Ontario the time for appealing should run from the time the judgment was pronounced, and that as the judgment in this case was pronounced before vacation, the application should have been made during vacation. I was of opinion at first that the party was not obliged to apply during vacation, but this application need not be decided on this point. The decision was pronounced in June, but the minutes were not settled .and entered until some time in the autumn. The question is whether the time runs from the date of the pronouncing of the judgment, or from the entry of the certificate.
I understand the practice in Quebec to be that the judgment is always entered as of the date on which it was pronounced, and therefore no question can arise as to appeals coming from the Province of Quebec; and also in Ontario where there is simply a judgment declaring that the appeal is dismissed or allowed as the case may be, and there is nothing more to be done; but when the decision requires something more to be done at the settlement of the minutes, as in this case whether the plaintiff should be held personally liable for the costs, then I think that until the settlement of the minutes and entry of the certificate a party should not be compelled to take his appeal. am therefore inclined to think the time ought to run in this case from the date of the entry of the certificate, which was entered on the 14th of November last. STRoNG J. was of opinion that the motion should be granted.
JJ. concurred. Motion allozwed and leave to appeal granted.